"SECT. 2. The LEGISLATURE, which shall first be convened under this Constitution, shall, on or before the fifteenth day of August, in the year of our Lord one thousand eight hundred and twenty-one, and the Legislature, within every subsequent period of at most ten years and at least five, cause the number of the inhabitants of the State to be ascertained, exclusive of foreigners not naturalized, and Indians not taxed. The number of Representatives shall, at the several periods of making such enumeration, be fixed and apportioned among the several counties, as near[ly] as may be, according to the number of inhabitants, having regard to the relative increase of population."

What was intended by the phrase, "which shall be first convened under the Constitution?" Did it mean that the Legislature should be convened under the Constitution, before they could act? If so, it was a useless requisition. It was not at all likely, that the members would undertake to act (officially) in their individual capacity, and that too, before the government had been organized.

What then was intended by the phrase? Could it mean the first Legislature which should be convened, &c. ? Certainly not.That construction is at variance with the language which follows. The Legislature is there mentioned as an institution of unlimited duration. Or it is supposed to exist, at least for "ten years." The language is, "the Legislature, within every subsequent period of ten years," &c. According to this the Legislature must have been intended (by the framers of the Constitution) to be an institution unlimited in its duration; to hold yearly

sessions, &c.

That they so meant it to be considered, is evident from the language of "Article 4, Part Third-Legislative Pow

ers."

SECT. 1. "The Legislature shall convene on thie first Wednesday of January, annually," &c.

The question then returns: What was meant by the phrase "which shall first be convened," &c.?

Again "Whenever the number of Representatives shall be two hundred, at the next annual meetings of elections,[for elections] which shall thereafter be had, and at [the end of] every subsequent period of ten years, the people shall give in their votes, whether the num ber of Representatives shall be increased or diminished, and if a majority of votes are in favor thereof it shall be the duty of the next Legislature thereafter to increase or diminish the number by the rule herein. after prescribed."

"The people shall give in their votes, whether the number of Representatives shall be increased or diminished," &c. That is, there is no alternative; or at least, if there shall, at any time, be either an increase or a diminution in the number of the Representatives, that circumstance shall not prevent the people from giving in their votes! This is the meaning of the language as it stands; and no other can fairly be taken from it. Had the language run thus: "the people may or shall, give in their votes on the question whether the number of Representatives shall be increased," &c., the writer would probably have conveyed to his readers, the meaning he intended."

Again-"And if a majority of votes are in favor thereof," &c. What is meant by "thereof"? Granting the words which precede to express the sense intended, what is the meaning of this word? Does "thereof" in this place stand for "increased," or for "diminished"; or does it stand for both words? It makes sheer nonsense of the whole passage!

SECT. 3. "Each town having fifteen hundred inhabitants may elect one representative," &c. "and in case the fifteen hundred shall be too large or too small to apportion all the representatives to any county, it [what? the county?] shall be so increased or diminished as to give the number of representatives according to the above rule and proportion," &c.

"And in case the fifteen hundred shall be too large or too small," &c. This literally considered, refers to the size of the inhabitants!

Again-"It shall be so increased or diminished as to give," &c. What "shall be so increased," &c.? What does the pronoun "it" stand for? Had the words "a number” been inserted after "small," thus: "And in case the fifteen hundred shall be too large,or too small a number to apportion," &c. "it shall be increased," &c., the meaning of the sentence would have been obvious.

Again "To apportion all the representatives to any county," &c. It certainly could not have been the intention of the framers of the Constitution to "apportion all the representatives to any county!" But so the language must be understood. The writer pro

2

bably meant to convey a meaning very different from this.

"SECT. 5. And the selectmen of such towns, and the assessors of such plantations, so classed, shall, within four days next after such meeting, meet at some place, to be prescribed and notified by the selectmen or assessors of the eldest town, or plantation, in such class, and the copies of the said lists shall be then examined and compared; and in case any person shall be [shall have been] elected by a majority of all the votes, [given in] the selectmen or assessors shall deliver the certified copies of such lists to the person so elected, within ten days next after such election; and the clerks of towns and plantations respectively shall seal up copies of all such lists and cause them to be delivered into the Secretary's office twenty days at least before the first Wednesday in January; but in case no person shall have a majority of [all the] votes the selectmen and assessors shall, as soon [after] as may be, notify another meeting, and the same proceedings shall be had at every future meeting until an election shall have been effected:" &c.

ARTICLE IV.-Part Second.

SENATE.

"SECT. 2. The Legislature, which shall be first convened under this Constitution, shall, on or before the fifteenth day of August in the year of our Lord one thousand eight hundred and twenty-one, and the Legislature at [the end of] every subsequent period of ten years, cause the State to be divided into districts for the choice of Senators. The districts shall conform, as near [ly] as may be, to county lines, and be apportioned according to the number of inhabitants [in each.] The number of Senators shall not exceed twenty at the first apportionment, and shall at each apportionment be increased, until they [it i. e. the number] shall amount to thirty-one, according to the increase [of members] in the House of Representatives."

The Legislature, which shall be first convened under this Constitution, shall, &c.

What was meant by the clause-" which shall be first convened under this Constitution," &c.? There was, it is to be presumed, but one Legislature contemplated by the framers of the Constitution; then, why was the clause "which shall be first convened," &c. inserted?

Under" Article IV-Part First, Sect. 2," we find the following language, viz:

"The Legislature, which shall first be convened under this Constitution, shall," &c.; but in the passage we have just quoted, (Sect. 2,) the language is varied, and runs thus: "The Legislature, which shall be first convened, shall," &c. Will it be said that the same meaning was intended by the former mode of expression, as by the latter ?If so, why, we would ask, was the language varied?

Article X. Sect. 1, says: "The first Legislature shall meet," &c. and Article V. Part Fourth, that "The Treasurer shall be chosen at the first session of the Legislature, annually," &c.

We will return to "Article IV. Sect. 2.". "And the Legislature (shall,) at the end of every subsequent period of ten years, cause the State to be divided into districts for the choice of Senators." Here, again, the Legislature is spoken of as an institution of unlimited duration-yet Sect. 7, Art. IV, Part Third, says, "The Senators and Representatives shall receive such compensation, as